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(영문) 인천지방법원 2017.10.18 2017고단5320
도로교통법위반(음주운전)
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 25, 2009, Defendant A received a summary order of KRW 5 million from a fine of KRW 5 million due to a violation of road traffic law (driving), etc. at the Seoul Central District Court on February 25, 2009, and on July 25, 2013, Defendant A was sentenced to a fine of KRW 7 million due to a violation of road traffic law (driving) at the Jung-gu District Court.

Defendant 1, as seen above, was a person with at least twice the history of violating the Road Traffic Act (drinking driving), driven Chump vehicle with a alcohol concentration of at least 0.12% in approximately 150 meters from the 150-meter section of blood alcohol from the road front of the new public parking lot located in Jung-gu Incheon Metropolitan City on June 19, 2017 to the road front of the 150-10-1 with the same Gu volume.

The “150km” as stated in the written indictment is obvious that it is a clerical error, so it shall be corrected as above.

2. On June 19, 2017, around 01:06, Defendant B driven a DoW car without a vehicle driver’s license in approximately five km section from around 3 150-1 to the same Gu road from around 150-1, to the same Gu’s 47-ro, Jung-gu, Incheon, Jung-gu.

Summary of Evidence

1. Defendants’ respective legal statements

1. The actual survey report, on-site photographs, the statement report on the situation of the driver in charge of driving, the circumstantial report on the driver without a license, the ledger of driver's licenses, etc.;

1. Previous conviction (Defendant A): Application of an inquiry letter, such as criminal history, and an investigation report (Evidence List 21) statute;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (or imprisonment with prison labor);

(b) Defendant B: Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (Selection of Imprisonment);

1. Reduction of volume (Defendant A) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act for suspended sentence;

1. In light of the fact that Defendant A had the record of a drinking traffic accident twice but the occurrence of the instant traffic accident, the Defendant’s responsibility is not somewhat weak.

However, the foregoing power shall be the same.

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